Mallgren v. United States
- Laura Swain
- 1:25-cv-02654
- U.S. District Court · Southern District of New York
- 2
In Mallgren v. United States, Judge Swain dismissed the action without prejudice because Mallgren filed without required permission to proceed without paying fees.
Anthony Brian Mallgren’s newly filed civil action was dismissed without prejudice because he did not obtain the required court permission before filing without prepaying fees. The court also denied permission to appeal without paying fees.
What happened
Anthony Brian Mallgren filed this new civil action without paying the filing fees, which led the court to assume he sought permission to proceed without paying. A 2016 order had barred him from filing future civil actions without paying fees unless he first obtained the court’s permission.
Mallgren had not obtained that permission before filing this action. The opinion says the earlier filing restriction was based on his history of frivolous, vexatious, or otherwise nonmeritorious litigation in this and other federal courts.
Judge Laura Taylor Swain dismissed Mallgren’s action without prejudice for violating the earlier filing restriction. She also denied permission to appeal without paying fees, certified that any appeal would not be taken in good faith, and directed the Clerk to enter a civil judgment.
The detailed version
- Mallgren v. United States · No. 1:25-cv-02654
- Laura Swain
- Apr. 2, 2025
Background
Anthony Brian Mallgren filed this civil action without prepaying the filing fees. The court therefore assumed that he sought to proceed without paying those fees. The opinion states that, in a 2016 order in an earlier related proceeding, the court barred Mallgren from filing future civil actions without paying fees unless he first obtained the court’s permission. That order was based on Mallgren’s history of frivolous, vexatious, or otherwise nonmeritorious litigation in this court and other federal courts.
Reason for Dismissal
Mallgren did not obtain permission before filing this new action. The court dismissed the action under 28 U.S.C. § 1651 for failing to comply with the earlier filing restriction. The opinion does not address the underlying claims.
Ruling and Effect
Judge Laura Taylor Swain dismissed the action without prejudice for failure to comply with the injunction requiring Mallgren to obtain permission before filing a new civil action without paying fees. The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied permission to appeal without paying fees. The court also directed the Clerk of Court to enter a civil judgment.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.